Gary has again raised an issue that should concern all Barrington residents. It appears that some members of our Town Council are willing to subvert the intent of the Trust to further their own agenda. Residents need to attend the Monday meeting to prevent further overeaching by this Council.

What Gary fails to point out is the withdrawal in 2008 to West Elmwood Housing was a loan, it was repaid IN FULL. It was a non interest bearing loan to assist with the pre-development costs at Walker's Farm Lane. West Elmwood is a non-profit developer limited by law to a small development fee.
Gary also fails to point out that The Spencer Trust has regularly made outright grants to East Bay Community Action Program for heating assistance for needy Barrington residents.

Not at all, just trying to be sure that readers understand that the withdrawal you mentioned going to West Elmwood was not a grant but was a loan and it was paid back.
West Elmwood is a typical non-profit. You just need to walk through their offices to understand that there is no lavish spending going on there. The loan was a great help as they did not have the capital to invest prior to subsidy money being available. We can all argue the right or wrong of this approach but all intentions were to facilitate the project.

Huh?!? You're saying trust money should go directly to "poor unfortunate" felons and criminals who cut up their dog's leg and break the law, rather than to groups that create housing for the poor?

I don't understand. You think that the Trust money can't go to corporations just because it says "help people"? That's dumb. Good luck with that one. What if the trust donated to tap-in? Oh my God! Tap-in's a corporation! Tap-in's not an individual! Certainly the trust shouldn't donate to tap-in because the trust says "help people." Donating to tap-in definitely wouldn't "help people" because tap-in isn't a person, it's a non-profit *corporation*!

That's a really dumb argument, Morse. If your argument wins, which it won't, then the trust won't be able to donate to tap-in. That would be a fine outcome! Didn't think that one through, didja? Is the dog butcher a friend of yours? Seems typical for you Barringtonites to want to suck money away from low income housing (oh no, we don't want poor people living here!) so you can pay for your buddy's legal bills.

Anon,

The trust money can, and has gone to corporations who keep records confirming that the actual benefit is directed solely to existing residents of Barrington. Tap-in and other groups / corporations simply have to assure that the records kept show the beneficiary is not the corporation or a non-resident.

West Elmwood Housing has not kept or provided any such records back to the town.

Thank you for your kind words on behalf of a disabled veteran.

" Reasonable people disagree on that but that’s why we’re doing it - because Mr. Spencer gave us the money and told us that that’s how we should spend it. And I’m not sure we can do anything about that actually."

June Speakman, March 12, 2012

The income of the trust shall be used annually to help poor and unfortunate people who are already Barington residents at the time the funds are used.

Tap In & East Bay CAP, etc., can help administer the money to people who qualify, or funds can be gvien directly to help the poor and unfortunate people.

That's not at all the same as giving multiple years of accumulated funds and/or the use of such funds (via a no interest loan) to benefit corporations like West Elmwood as they build housing for people who do not live in Barrington.

Reports said Mr. MacQuattie is a disabled US veteran who was charged on a misdemeanor because he could not afford to care for the dog. It's not fair to equate helping Mr. MacQuattie with "giving money directly to a felon".

A poor & unfortunate Barrington felon might qualify.

A review West Elmwood's form 990 might give more insight than might a tour of their offices.

Mr. Spencer didn't intend the money to be used to build housing for people who do not already live in Barrington.

Mr. Spencer directed that the income of the trust shall be used annually to help poor and unfortunate people who live in Barrington & as June said, we can't do anything about that, actually.

Heating assistance grants are an appropriate use of funds, loans to devlopers are not. The town should not be in the business of developing housing or loaning money.

If the Trust is capped at the interest that's being earned annually, then the point seems to be that any money directed to developers, attorneys, and other well connected, is taken directly out of the hands of some struggling Barrington family.

Thank you Councilor DeWitt for recognizing poor public policy when you see it, something the other councilors seem to struggle with.

The point has been made in the comments about TAP-IN's possible role in this Trust. This is an excellent suggestion.

TAP-IN is a volunteer, nonprofit organization that helps the residents of Barrington. They have near zero overhead, and have direct contact with the most needy in Barrington.

As pointed out in council meetings, the only requirement is that records have to be kept of spending out of the trust to assure that "people of said town of Barrington" are the only beneficiaries.

Why has this opportunity been missed since 2005?

How many Barrington residents were denied help when $9114 was paid to the Ursillo law firm; when $7470 was paid to the environmental consulting firm of Fuss & O’Neill?

TAP-IN is the right place for this money. The trust appears to allow the money to be directed in this manner.

It does not belong in the political process.

How about using the Trust to keep elderly poor people living in their homes by assisting financially with their increasing tax burdon rather than attorney fees?

Pamela - that sounds like a good idea, but I would guess that if you own your own home, you are not considered "poor people". The home could be sold and the proceeds be invested which would alter income. Barbara

That line of reasoning doesn't seem right to me. Given the example of Mr. MacQuattie, should he have to sell him home to receive assistance. I'm talking about the retired poor, like my father, now passed, lived in a small home on a very modest pension, lucky for him he was able to keep it, but with his rising taxes and medical expenses, it was tough going. Certainly, if we can bring poor people into this community and subsidize their taxes, we should for our poor elderly. But I admit, I'm not sure I'd feel the same for all elderly. I wouldn't expect the taxpayers of Barrington to subsidize a million $ home.

Pamela - If someone owns a home here in Barrington, right now, and sold it, they would certainly not be considered poor. Say minimum $200,000 in the bank.

Now, if they were new owners they might have a mortgage which would make a difference,but outright ownership would provide a "nice piece of change" that would alter their "wealth".

Add that to SS and or pension, you would probably be well over the limit for the low/moderate category.

I think that if you own a home you cannot be considered "needy". It is like money in the bank. Barbara

Dear Anon - Sounds to me that you do not live in Barrington...... Barbara

If you sold your home for $200k, you'd have to live on that for the rest of your life. If you rent an apartment for $1000/mo all expenses (certainly not an extravagant place)' you better not live more than 17 years, cause you'll be penniless. And that is if you can invest that money and not lose it in another economic downturn. It seems cruel to me. But, whatever. I guess they can take the money, move to a warm climate, buy a cheaper house there, pay way less taxes, like many Rhode Islanders are now doing. We are becoming more and more a transient community. Who cares if you've lived in that house for half a century (or more) move on gramma!

But I only threw out that comment in light of what Gary wrote about the Spencer Trust money being ill used and our town council (minus Bill) trying to get their hands on that money to further their vision of a new Barrington! That's the issue.

Spencer trustee meeting confirmed for January 28 6pm The notice only states the town council, and does not include the Town Finance Director who is also a trustee.

http://sos.ri.gov/documents/publicinfo/omdocs/notices/6100/2013/137300.pdf

A MEETING OF THE TOWN COUNCIL SITTING IN ITS CAPACITY
AS TRUSTEES OF THE
AMEY TUCKER SPENCER FUND
MONDAY, JANUARY 28, 2013 @ 6:00 P.M.
COUNCIL CHAMBER, BARRINGTON TOWN HALL
Agenda
1. Call to Order
2. General Discussion of Purpose of Trust Fund.
3. Review and Ratification of Trust Fund Expenditures for the Past
Year.
4. Election of Officers.
5. Adopt Fiscal Budget for July 1, 2013 to June 30, 2014.
6. Review of By-laws and Discussion of Amending the Mission
Statement to Change the Term “persons” to “people”.
7. Adjourn.

Pamela - I hope you come to the meeting on Monday night at 6:00pm in the Council Chambers. I think we will all learn a lot about who says what. I may bring a tape recorder --- hmm -- wonder if that is allowed ??

Isn't it taped for TV anyway? I plan on going.

“This is not dirty in any way. And and I’m actually surprised that you used that that word”… Jeffrey Brenner, March 12, 2012

Gary, that's the notice for a meeting of 5 of the 6 Amey Tucker Spencer Trust Trustees? What about the Treasurer who is an important Trustee?

"Ratification" of past spending? 5 of the Trustees voting on this won’t make it all okay.

“Election of Officers”? Officers will be elected without one of the Trustees & according to the fake "bylaws" the Town Council enacted 4 to 1 on March 12, 2012? The “Secretary” is to be the Town Clerk, who is not a Trustee. Mr. Ursillo said,”Yes, that’s actually fine. Yes.” Is it fine?

"Discussion of Amending the Mission Statement" of the March 12, 2012 bylaws? Just discussion? No vote? Even though the mission in the fake bylaws doesn’t agree with the real terms of the real trust?

The minutes of the 3/12/12 meeting make it look like existing bylaws were “amended”, but really only 5 of the Trustees met & voted 4 to 1 to enact the first-ever bylaws, which weren’t even read into the record - before or after the vote. An important Trustee was left out of the process (Treasurer), the draft “bylaws” were “amended” just before the vote to adopt, they don’t accurately state the testator’s intent, they make a non-trustee (the Town Clerk) an Officer (Secretary), they operate to squeeze out a Trustee (Town Treasurer) & questions weren't properly addressed.

Oh, it's dirty.

If I don't get there to grab a front row seat - save me and my tape recorder one. Barbara

The meeting on Monday is in part to elect "officers" of the trust. If there hasn't been a meeting since 2005, I think new councilor Ann Strong makes the best choice to lead.

The legacy councilors, (other than Mr DeWitt who opposed all this nonsense) don't appear to understand what a trust actually is, nor what a trustee actually does.

I agree fully with you Lorraine. Ann has shown her ability to "think for herself" in matters of great importance to this Town - as does Bill. We are lucky to have them on the Council. The other members seem to "rote" vote on "party lines" without thinking about what is happening here in Barrington. We live in a unique town that needs unique governing. Barbara

It looks like someone doesn't like the way I posted facts on my last post as it was flagged and removed, so here is the exact timeline of events as provided by the town itself.

May 7, 2007 – Housing Board of Trustees ask's Barrington Town Council for approval of application for “Targeted Assistance Grant”.

June 1, 2007 – Paid from Amey Tucker Spencer Trust Fund $10,000 to Coldwell Banker Residential Brokerage for “Barrington Land Trust – House on County Road”.

August 10, 2007 – Barrington Town Council Executive Session – Acquisition of Real Property

November 14, 2007: Town of Barrington purchases land from Frank, Richard & Raymond Souza at 562 & 568 County Road, Plat 16 lot 31. Constitutes 78,999 sq feet, 1.8 acres. Town pays $500,000. ($250k to Raymond & $250k to Frank Jr & Richard.) Assessment was $468,300 at the time of the sale.

11/12/07 - Alpha Environmental was paid from the Spencer Trust $1,365.00 (environmental assessment, asbestos survey).

12/14/07 - EA Engineering, Science & Technology was paid from the Spencer Trust Fund $11,500.00 for Environmental Site Assessment

West Elmwood Housing is later sold the above property for $1

The entity known as the "Barrington Amey Tucker Spencer Fund" is having their first announced meeting ever on Monday, January 28, 2013.

http://sos.ri.gov/openmeetings//index.php?page=view_entity&id=6100

Town Council excerpt 3/12/12:

June Speakman –"The next item on the agenda is item 15 which is to discuss and approve proposed bylaws for the Amey Tucker Spencer fund. I believe the Solicitor is going to explain what’s going on here. Mike."

Town Solicitor Michael Ursillo-"Yes, I’ve provided you with um a memo and a proposed set of draft bylaws. Ah, for those of you who have been on the council you remember that um it’s a multimillion dollar two million dollar um gift that was left to the town by Wilton Spencer um to provide for the poor and unfortunate people in the town. Um, we’ve set up that trust through um Dean’s office and over the past um few years you’ve been making um awards from that based upon the income that was generated by the trust. As part of the process every year, Dean has to file with the Attorney General’s office a report on um where the ah how much money was generated, what it was spent on etc. Um we’ve been asked to formalize the process by adopting an official set of bylaws so what I did is um I looked at best practices for other trusts that are out there and have provided you with something that I think will um be more than adequate in terms of guiding the council because you along with Dean are the Trustees of this trust.
A lot of it is just boilerplate language um that’s necessary in any set of bylaws. Couple of things I’d like to bring to your attention and one thing to discuss based on feedback that I’ve received."...

The Spencer Trust is something that some are having a hard time understanding.

To answer questions as to who gets money from the trust, the answers can be found by watching the Feb 6, 2012 town council meeting where a grant involving a "Request to Appropriate Funds from the Spencer Trust to East Bay Community Action Program" was voted on by the town council. It starts at about the 6 minute mark.

http://www.ci.barrington.ri.us/towncouncil.php

You will hear attorney and Town Council member Jeff Brenner explain to Dennis Roy, CEO of the East Bay Community Action Program, exactly what is required to obtain money from the Spencer Trust.

In the presentation, Mr. Roy, explains that "100% of the proceeds go to Barrington residents".

Later, Councilor Brenner respectfully hammers Mr. Roy on the need for an "accounting" to assure these funds are spent only for Barrington residents. In the motion that followed, Mr. Brenner makes clear that Mr. Roy will "provide a report on how the money was allocated".

So the question is not only what the Spencer Trust requires, but one of full documentation. Unfortunately, some pet projects for affordable housing, and the West Elmwood Housing Corp., the documentation on how the money benefited Barrington residents is non existent.

Fixing the Spencer Trust will require that it be administered consistently in accordance with the terms of the will.

The Housing Board of Trustees have input on who gets money out of the Spencer Trust. Steve Martin is Chairman of the this board.

In an earlier post, Steve Martin wrote: "the withdrawal in 2008 to West Elmwood Housing was a loan, it was repaid IN FULL"

However, the record shows no such loan document, and amounts paid back do not add up to paid "IN FULL"

Checking all the entries for pre development costs for the Walker Farm affordable housing project, the Spencer Trust contribution totals up to $139,551.14.

The record shows that West Elmwood only paid back $123,243.71, leaving $16,307.43 unaccounted. The town sold the land to West Elmwood Housing for $1.

Here is a sampling of the sad record of this Trust:

- Mr. Ursillo made bold statements to the town council “that’s the language directly from the will” when it wasn't.

- Blogger Martin makes bold statements "[the loan] was repaid IN FULL".

- The "TRUSTEES OF THE AMEY TUCKER SPENCER FUND" are meeting for the first time ever.

- The homes at Walker Farm are for the most part being sold to non residents.

We need to get this trust out of the hands of politicians and into the hands of groups like TAP-IN who have direct contact with the poor and unfortunate residents of Barrington.

Please take time to attend tonight's 6 pm meeting in the town hall to voice your concern.

Gary
Great job as usual. One question...Is Tap-in only used by Barrington Residents?

Can someone fill me on in what happened at the meeting last night. I was away from my computer last few nights and missed it. Also, did anyone video tape? I have been video taping meetings of importance.